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Case Number: 1:23-cv-00041
Judge: Leslie Abrams Gardnder
Court: United States District Court for the Middle District of Georgia (Dougherty County)
Plaintiff's Attorney: Tristan Gillespie
Defendant's Attorney: David Garland for Von Maur Stores
Allison Giardina Rhadans for Equifax Information Services
Description: Albany, Georgia consumer credit lawyer represented the Plaintiff who sued the Defendants on Fair Credit Reports Act violation theories under 15 U.S.C. 1681, et seq, which provides in part:
"(a) Accuracy and fairness of credit reportingThe Congress makes the following findings:
(1) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.
(2) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.
(3) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.
(4) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer’s right to privacy.
(b) Reasonable procedures
It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter."
"The Fair Credit Reporting Act (FCRA) is a federal law that protects the privacy of consumers' credit information and sets standards for how credit reporting companies can collect, use, and share that information. The FCRA also gives consumers the right to access their credit reports, dispute inaccurate information, and place fraud alerts and credit freezes on their reports.
The FCRA applies to all three major credit reporting agencies: Equifax, Experian, and TransUnion. It also applies to any other company that collects or uses consumer credit information for the purpose of extending credit, employment, insurance, or renting housing.
The FCRA gives consumers the following rights:
The right to obtain a free credit report from each of the three major credit reporting agencies once a year.
The right to dispute inaccurate information in their credit reports.
The right to place a fraud alert on their credit reports, which will require creditors to take extra steps to verify their identity before opening new accounts.
The right to place a credit freeze on their credit reports, which will prevent creditors from accessing their reports without their permission.
If you believe that there is inaccurate information in your credit report, you can dispute it with the credit reporting agency. The credit reporting agency is required to investigate your dispute and correct any inaccurate information.
If you believe that your credit report has been used for identity theft, you can place a fraud alert on your credit reports. A fraud alert will require creditors to take extra steps to verify your identity before opening new accounts.
You can also place a credit freeze on your credit reports. A credit freeze will prevent creditors from accessing your reports without your permission. This can help protect you from identity theft.
If you have any questions about the FCRA, you can contact the Consumer Financial Protection Bureau (CFPB). The CFPB is a federal agency that enforces the FCRA and other consumer financial protection laws.
Here are some of the key provisions of the FCRA:
Consumers have the right to obtain a free credit report from each of the three major credit reporting agencies once a year.
Consumers have the right to dispute inaccurate information in their credit reports.
Consumers have the right to place a fraud alert on their credit reports.
Consumers have the right to place a credit freeze on their credit reports.
Credit reporting agencies must follow certain procedures when collecting, using, and sharing consumer credit information.
Credit reporting agencies must investigate consumer disputes and correct any inaccurate information.
Credit reporting agencies must protect the confidentiality of consumer credit information.
The FCRA is a complex law, and there are many exceptions to the provisions of the law. If you have any questions about the FCRA, you should consult with an attorney."
Outcome: Settled for an undisclosed sum and dismissed with prejudice.